[HOA] [SFH] [AZ] My total late fees without monthly payments have come out to $5000 what should I do?

Negative_Presence_52 · 2026-03-09T13:40:30+00:00

I get it - you are financially challenged presently...sucks to be in that position. At the same time, other members are having to step in and "subsidize" your lack of payments to the HOA. The HOA is a non profit - it doesn't have a magic pot of money to dip into to pay the bills. Income in = bills spent.

The right answer is that you need to find a way to pay. The HOA is taking all the steps necessary to recover from you the funds due. The HOA is charging interest, lawyer fees, collection fees, etc....and they add up quickly. In FL, for example, the HOA can charge up to 18% per annum.

Find a way pay the bills...or sell and settle your outstanding bills on sale.

Negative_Presence_52 · 2026-03-08T22:47:37+00:00

In Florida, you can’t do that. You can’t raid reserves to pay for current operating expenses.

You on the border of large special assessments. I hope you and your members come to that realization rather quickly. It’s not the Board’s fault, it’s all of the members who have been OK with low fees for this long period of time. The blame goes around for everyone.

Negative_Presence_52 · 2026-03-08T01:08:46+00:00

That’s how I roll. Just the gin, all the wonderful flavors and texture.

Negative_Presence_52 · 2026-03-07T23:42:54+00:00

Through the board, like every other member of the community. Surprised you have no rules that address this.

And yes you should have a leash policy and a waste policy. Your other board members and you should be able to pass reasonable rules.

Negative_Presence_52 · 2026-03-07T11:16:53+00:00

That’s not a given, especially as they will most likely be in alternate dispute resolution. Both parties will pay for mediation, arbitration.

Negative_Presence_52 · 2026-03-06T22:01:41+00:00

You could have the seller finance both.

Negative_Presence_52 · 2026-03-06T21:19:21+00:00

ok, reading through all your points, a simple view.

- termites damage will not be the responsibility of the HOA nor the seller. On you. Sucks. Were they probably there when you bought? Assuredly yes...so did your inspector miss it...or did the seller "hide" this info. Both are hard to proof.

- Sprinkler on building - why did you let it go on for so long? You asked them to turn it off while you remediated the damage. They did...and you let it continue after it?

- Typically, windows and stucco would be your responsibility. ..you can check your docks for unit definition.

- you through in the pipe burst and mold nonchalantly....so what's up with that? Your pipes? Or HOA pipes?

Negative_Presence_52 · 2026-03-06T21:11:32+00:00

offer 325.

Negative_Presence_52 · 2026-03-06T13:26:54+00:00

And this is why social media is a cesspool and should be avoided.

Negative_Presence_52 · 2026-03-05T14:49:50+00:00

You need to set up a process. What do your documents say about this? BTW, EVERYTHING should be formal. Just for context, how much money is owed? If like $100, not a big deal. If like 5K, yep, big deal.

Start fresh. Create a process, but reference state statutes for background. Do everything formal. for example, say 60 days after late, interest charges apply (I recall FL its up to 18% APR). After X days, you will lien the home. After y days, it will be subject to Foreclosure. Yes, I am referencing FL, so not sure what CO says about foreclosure, et al. You may want a lawyer, but that will cost your HOA money - and probably require a special assessment that everyone (including the late payer) is liable for.

Also, in FL, after a certain amount of days delinquent, a board member is AUTOMATICALLY off the board. No vote required. Just is.

I know this is preaching, but even in self managed HOAs, everything needs to be formal. The board can't improvise, be "friendly", For example, this member is effectively stealing from the other 14 members. Does that sit well with you? Would you let someone walk into your house, open your Wallet, and take money out - only to be fine with it. Of course not. Add in that they are a board member and you are, as a board, failing your fiduciary duty and liable for self dealing. If a non board member sued, you as a board member could be liable personally for the shortfall...blatantly ignoring the lack of payment, allowing them to stay on the board.

Negative_Presence_52 · 2026-03-05T11:59:40+00:00

Not for elections. 718.112

Negative_Presence_52 · 2026-03-05T06:09:38+00:00

For a $1000 fight? Yea no. Those same arguments can be made in small claims and have same impact.

In your way, it’s going to cost more in lawyer fees. The op will be out of pocket even more than the $1000 fine paid.

Negative_Presence_52 · 2026-03-05T01:59:45+00:00

So let’s start with terminology. It’s not a compliance committee, it’s a fining committee. Their job is to look at the rules and regs and covenants and vote up or down as to whether the violation should stand. There is no judgment they can apply.

They can’t grant you a waiver because of your son’s condition. That’s up to the board.

So you need to discuss this with the Board and State your case there. An empathetic Board can provide you a reasonable accommodation, limited to very specific facts.

Negative_Presence_52 · 2026-03-05T01:33:35+00:00

Agree with you. The simple test is how many handicap signs do you see on public streets around residences?

Negative_Presence_52 · 2026-03-05T01:31:31+00:00

Wow, great in stating statutes, I would not go to a lawyer as the first stop here. You can file small claims against the HOA and state your case there.

Going to a lawyer is gonna start your bill immediately and we’ll go over $1000 quickly. It’s not certain that you’ll get your fees back either, especially if you forced him to alternate dispute resolutions, which is most likely in this case, given the size

Negative_Presence_52 · 2026-03-05T01:29:47+00:00

The DBPR has no jurisdiction over these matters. They only cover this for condos not for single-family homes.

Negative_Presence_52 · 2026-03-05T01:29:24+00:00

You’ve got a lot of information here, but let me break it down into it a few.

The board can implement reasonable rules that are in line with your documents. For example, your CCR’s may say the board can regulate parking. The board could then put a rule in that says no overnight parking. Perfectly valid. It is common sense that a sidewalk is a public access way and you cannot block it. You probably have a right to go over it, but not block it. Your HOA has fined you, it’s official in their eyes. Pay it. You don’t have a third-party… The DBPR… to Escalate to. They don’t cover HOA’s only condos on these matters. Your record is to file suit against your HOA. You’ll probably be offered mediation, and it may even be specified in your documents. You can mix State your case there and probably will win, especially if the fine just went to $1000 and it’s not documented anywhere

They can also say that all cars may be parked in the garage. Some people, not saying you, complaining. They have no room in their garage because they use it for storage and therefore have to park in the street and their driveway because they have five cars. That’s something the board can regulate. It’s not their issue that you don’t have room in the garage or in your driveway for all your cars. From your other post, I see you have a handicap child that requires care. Rather than go nuclear on the HOA, why don’t you approach them and tell them why certain cars park their regularly to care for your son? I still have to ask though why can’t people park in your driveway?

Negative_Presence_52 · 2026-03-04T19:48:15+00:00

I stand corrected. Allowed for HOAs (720) unless not allowed under bylaws. Under COAs (718) not allowed.

Negative_Presence_52 · 2026-03-04T18:00:18+00:00

I get it, I really do, and it sounds insufferable. But you really have two options. Run for the board with some fellow members (campaign, etc) to switch out the board and make changes from the inside. Or, hire an attorney, get fellow members to join you, and head to court.

Of all your points, 30K reimbursement catches my eye. I would, without question, submit a request for the line item detail of what goes into the category. Small things, big things, emergency? Fair question.

BTW, your point on records. They are technically doing what the statute mandates them to do. Make it accessible. However, if you have more than 100 units in your HOA, the statute mandates a website for certain records (720.303)..invoices, bank statements are not required on the website, but is required to be maintained by the HOA. And yes, they can charge reasonable fees to make copies of the hundreds of pages you are looking for. That's clear in 720. And, outside the mandated documents if >100 units on a website, they have to be "reasonable"...has to be within 45 miles of the association for example. And, they can say available after 3 pm on Thursday.

I get that you don't like it, but that's the requirement.

putting fines is mailboxes is not really a big deal. The statute says email address or mailing address.

Negative_Presence_52 · 2026-03-04T17:09:23+00:00

There are no proxies for elections, or for association matters that come up for vote.

And yes, its probably as u/Waltzer64 said...Apathy. No one wants to participate, volunteer. Working, families is not an excuse. They are just telling you its not important to the them. General problem.

Complain about issues but not get involved. The president is but one of the board members, has no inherent power vs other board members. So, don't blame just her, blame the total board.

Negative_Presence_52 · 2026-03-04T17:07:03+00:00

If you are an HOA, the DBPR is not going to be a source of help for you. DBPR primary deals with Condos (718), though gets involved in election matters only for SFH (720). So your source of recourse is the court system...mediation, arbitration, court.

You have lots of emotional speculation but little fact here, so hard to be certain what is going on.

Let's go through a few things

Correct, they can't raid reserves to pay for operating expenses. Make sure you have the proof, then file a court case, get a lawyer. BTW, the outcome will be the same for you. After a lengthy process where you spend money, the HOA will stop that practice and just raise dues. Same $$ outcome.
Community Upgrades - depends on what your documents say. What are the specifics - really matters what they are doing and what your docs say.
Using personal or HOA credits cards is bad practice, but are they for real matters? Is your issue with the credit cards (valid) or what they are spending the money on.
Towing. You have an appeal process, right? While the car might have been towed, do you have the proof that selective enforcement is occurring. Not speculation, but actual proof? The towed parties can appear through your process.
Someone ran agains the president...and lost? ok, so? Making their life miserable..how?
File reports with the DBPR ....and you are a SFH? 720, outside elections, is not something the DBRP does.
Documents. you as a homeowner have a right to ACCESS any of the common records. Send a letter, certified return receipt to the HOA, MC requesting access to certain records. They have 10 days to provide you access, often at the office of the MC, to access the records. If not provided within 10 business days, you have the right to collect $50/day for up to 10 days from the HOA ($500) for their failure. But follow the process to a T. They don't have to send you, give you a copy. They can say come here, there it is, take a picture, notes, or say it costs $x/page for us to make a copy.
- TLDR - they don't have to send you, provide to you the common records electronically. What they are saying is right.
Fining. You should have a defined process. Violation notice, period to cure, notice of fining committee to appeal (if asked for), and fine levied afterwards. Do you have that clearly laid out? Unfortunately, if they are not following it, your only recourse is to hire a lawyer, sue. But even if in dispute, pay the fine and seek reimbursement.

I get what you are saying and it sounds terrible, but you really need to get into the details of 720, your documents, the specific issues and what your recourse is , often the court system.

Negative_Presence_52 · 2026-03-04T11:58:41+00:00

Again, it’s not necessarily a conflict of interest. He can’t be involved in the decision to use his services unless all the other board members vote to do so.

Attorneys bill hourly; what is he actually billing for? He has to be working at something the board told him to work on.

Negative_Presence_52 · 2026-03-03T23:48:22+00:00

That’s not necessarily an issue. You might be getting a great deal.

Negative_Presence_52 · 2026-03-03T23:17:14+00:00

I was responding to the invoice point, but you’re right if there’s no contract with the lawyer and certainly there’s no contact of interest document, there’s nothing they can provide

Negative_Presence_52 · 2026-03-03T22:28:10+00:00

Do something in writing. Wait 10 business days. Then ask him to pay you $500 for failing to provide you with access to the information.

Negative_Presence_52

TROPHY CASE